Be guided by leading barristers and expert solicitors for an essential deep dive into the challenges of wills and estates practice. Designed for experienced professionals and those needing more advanced guidance, this advanced program delivers essential updates and practical strategies for managing sophisticated and complex estate matters. Gain valuable insight into key litigation trends, Family Provision claims by grandchildren and the interplay of estoppel, trusts and estates. Learn how to effectively handle disputes involving executors and court-appointed administrators. Delve into planning for blended families, the implications of superannuation in estate planning and strategies for estate tax and duties.
Chair: Angela Djukanovic, Barrister, Chalfont Chambers; Recommended Wills & Estates Litigation Junior Counsel, Doyle’s Guide 2024
- Analyse recent estate litigation judgments highlighting emerging trends and judicial reasoning
- Consider the practical implications and how these decisions may inform future claims and defences
Presented by John Armfield, Barrister & Mediator, Two Wentworth Chambers; Preeminent Wills & Estates Litigation Junior Counsel, Doyle's Guide 2024
- Promissory and proprietary estoppel and constructive trusts
- Legal presumptions and concepts: resulting trusts and advancement
- Consider recent case law of significance
- Loans
Presented by Linda Clarke, Barrister, Second Floor Wentworth Chambers and Orange Chambers
Attend and earn 7 CPD units in Substantive Law
This program is based on NSW Legislation
Gain an update on the position of grandchild following the recent Court of Appeal decision in Angius v Angius
Presented by Michelle Painter SC, Nine Selborne Chambers; Recommended Wills & Estates Litigation Senior Counsel, Doyle’s Guide 2024
- Duties of Executors and where disputes arise
- Due and proper administration of the estate
- Duty to account and the inventory
- Conflicts of interest and conflicts in distributions- rule against self dealing
- Remedies available
- Removal/Pass over
- Damages
- Reissue of grant
- Independent Administrators
- A practical guide to Court Appointed Administrators
Presented by Justine Taylor, Principal Director, TEP, Uther Webster & Evans Solicitors; Accredited Specialist in Wills and Estates; Recommended Wills, Estates & Succession Planning Lawyer, Doyle’s Guide 2024
Chair: Stephen Lynch, Director, Somerville Legal; Accredited Specialist in Wills and Estates; Recommended Wills & Estates Litigation Lawyer, Doyle’s Guide 2024 and former author, LexisNexis ‘Practical Guide Succession Law’
- Defining the blended family and reading the relationship
- The potential importance of time
- Starting with a BFA and release?
- Dealing with assets outside the will
- 10+ Options … and still counting
Presented by Mark Squire, Practice Group Leader, Wills and Estates, Vinden Lawyers
- Proposed Div 296 tax on super balances above $3M and its impact on succession planning
- Recent views on the concept of a ‘dependant’ for superannuation law: Can a step-child qualify as a dependent?
- Binding death benefit nominations: lessons for robust superannuation estate planning from case law
- Estate planning for a sole member self managed superannuation fund: lessons from In the matter of Gainer Associates Pty Ltd [2024] NSWSC 1138
Presented by Dung Lam, Principal, West Garbutt; Accredited Taxation Law Specialist New South Wales Law Society; Chartered Tax Adviser
- What gateways exist for delaying CGT and removing duty in Estates
- What powers do Legal Personal Representatives have to vary gifts in a will to minimise tax consequences for the estate
- How does the Tax Act give concessions for Family Separations
- Common traps
Presented by Michael Bennett, Barrister, 13 Wentworth Chambers; Lecturer in tax law in the UNSW Masters of Laws Program
Presenters
Angela Djukanovic, Barrister, Chalfont Chambers
Angela was called to the Bar in 2019. She appears primarily in the Supreme Court of New South Wales and has established a practice in Wills and Estates, including contested probate, family provision and general Equity claims. Angela is a regular speaker at Legalwise Seminars on a variety of topics relating to estate litigation and family provision. Prior to coming to the Bar, Angela held senior executive roles in the corporate and commercial space as a consultative leader leading large teams and was responsible for significant commercial transactions and negotiations. Angela holds a Diploma of Law, which she obtained through the Legal Practitioners Admission Board (LPAB) and a Master of Business from the University of Technology, Sydney. Angela has recently been recognised in the 2024 Doyle's Guide rankings for Leading Wills & Estates Litigation Junior Counsel.
John Armfield, Barrister & Mediator, Two Wentworth Chambers
John specialises in estate litigation. Regularly advising and appearing for plaintiffs and estates in relation to matters in the Equity Division of the Supreme Court of New South Wales. John has extensive experience in representing clients at mediations and informal settlement conferences. He has also acted as a court-appointed mediator with respect to family provision claims. His practice has a strong emphasis on probate, family provision applications and will construction. He has also appeared in applications seeking a review of orders allowing commission to executors. John regularly presents papers at legal conferences in relation to wills and succession law.
Michelle Painter SC, Nine Selborne Chambers
Michelle practices primarily in commercial law, involving all manner of commercial disputes, as well as equity and trusts, and family provision and probate. She also has extensive experience representing directors and corporations in regulatory enforcement matters. Michelle has been a barrister since 1998 and took silk in 2013. She has been involved for many years with the NSW Bar Association’s Bar Practice Course, where she presents on the art (and the slog) of cross examination.
Linda Clarke, Barrister, Second Floor Wentworth Chambers and Orange Chambers
Linda is a barrister who advises and appears in contested estate litigation, including testamentary capacity matters, family provision cases, probate, estate administration and estate planning. Linda has a particular interest in the protective division and rural property disputes. She has chambers in Phillip Street and Orange in the Central West.
Dung Lam, Principal, West Garbutt
Dung Lam is a tax and superannuation lawyer with years of experience advising on a wide variety of taxes including income tax, capital gains tax, GST and state taxes such as payroll tax and land tax. Dung also assists taxpayers in obtaining rulings from and managing tax disputes with the Australian Taxation Office and state revenue authorities. Dung has extensive experience in advising on the taxation of trusts, superannuation issues concerning self managed superannuation funds and tax issues related to estate planning. Dung advises a broad range of clients ranging from small to medium enterprises, high net worth individuals, professional firms, accountants and their clients. Dung is a Chartered Tax Adviser, a full member of the Society of Trusts and Estates Practitioners and an accredited Taxation Law Specialist with the New South Wales Law Society
Michael Bennett, Barrister, 13 Wentworth Chambers
Michael Bennett is barrister practicing from 13 Wentworth Chambers in Sydney. He practices in the following areas: Tax planning (including Superannuation, Estate Planning and Structuring); Federal and State Tax litigation; Commercial litigation; Bankruptcy and Insolvency litigation. From 2006 to 2011, before coming to the Bar, Michael was a solicitor in two boutique SME tax and commercial practices. He was a Judges Associate before that. c. Michael was a Lieutenant in the Royal Australian Navy Reserves (Legal Officer). Michael frequently writes for the Tax Institute or other professional bodies and gives presentations for various bodies on the areas in which he practices.
Justine Taylor, Principal Director, Uther Webster & Evans
Justine is an Accredited Specialist in Wills and Estates. Justine joined Uther Webster & Evans in 2004 and holds a Bachelor of Laws (First Class Honours) and Bachelor of Psychology. Justine became a Partner of Uther Webster & Evans in 2015 and is now a Principal Director of the firm. A full member of STEP, Justine is a registered Trust Estate Practitioner and has been honoured to be ranked on Doyle’s Guide as Leading Wills & Estates Litigation Lawyer in NSW and Doyle’s Guide Recommended Wills & Estates Litigation Lawyer across Australia. Justine’s primary practice and passion is Succession Law, Wills & Estates and Trusts including contested estate litigation, complex estate administration, dispute resolution, protective list applications, general equity, estoppel and trusts. Thank you once again for agreeing to speak and I look forward to working with you on this event.
Stephen Lynch, Director, Somerville Legal
Stephen is an Accredited Specialist in wills and estates, having specialised in the area of wills, probate, estate planning and succession for more than 20 years. His experience includes complex estate planning, including advising in relation to asset protection measures such as creation of testamentary trusts. Stephen also specialises in contested estates, including testamentary capacity disputes and Family Provision claims. Stephen is one of the authors of the highly regarded Lexis Nexis Practical Guidance publication on Succession Law, has spoken across Australia on wills and estates matters, and has been listed in the Doyles Guide of top wills and estates lawyers in NSW every year since 2015.
Mark Squire, Practice Group Leader, Wills and Estates, Vinden Lawyers
After conducting his own city practice for many years, Mark is now a director and the Practice Group Leader- Wills and Estates at Vinden Lawyers Pty Limited. In this role, Mark is able to practice substantially in estate planning with a particular interest in blended family issues. Mark is a former part-time lecturer at UTS and is a regular presenter to legal and other professional groups, mainly for Legalwise.